Apr
24

CJEU: Change in ownership of company renders purchaser liable for anti-competitive behaviour of predecessor

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This article is written by Dr Annalies Muscat and Dr Laura Spiteri On the 14 March 2019, the Court of Justice of the European Union ('CJEU') handed down the judgement of Vantaan kaupunki v. Skanska Industrial Solutions Oy, NCC Industry Oy, Asfaltmix Oy [1] where it concluded that if a company changes ownership, the restructured company or the purchasing company can be held liable for the anti-competitive behaviour of its predecessors, not justin public enforcement actions but also in private actions. The case dealt with a group of Finnish companies that formed a c...
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Apr
23

Can an Employee Appeal from the Amount of Compensation Established by the Industrial Tribunal?

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Chapter 452 of the Laws of Malta limits the right of appeal of an aggrieved party in cases of unfair dismissal and other cases falling within the jurisdiction of the Industrial Tribunal to points of law only. However, the definition of what constitutes a point of law has recently been given quite a wide interpretation by the Court of Appeal. Such an example is the case decided last month, on the 8 th March 2019 (64/2017), by the Court of Appeal. The Industrial Tribunal found that the employee who had instituted unfair dismissal proceedings had been unfairly dismis...
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Apr
22

MFSA Issues Note for Information on the General Good Provisions Applicable to European Insurance Undertakings Passporting in Malta

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Following the application of the Conduct of Business Rulebook to the insurance sector on the 1 st October 2018, there was a lacuna in terms of the rules which European insurance undertakings are required to observe when carrying on cross-border business in Malta on a freedom of services basis. To address this lacuna, on the 16 th April 2019, MFSA issued amendments to Chapter 9 of the Insurance Rules on Freedom of Establishment and Freedom to provide Services by a European Insurance Undertaking and a European Reinsurance Undertaking. These amendments identify the r...
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Apr
12

European Commission Issues Public Consultation on the Vertical Block Exemption Regulation

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The European Commission has issued a public consultation to allow interested parties to provide their feedback with regard to competition issues that arise in vertical relationships. The public consultation period opened on the 4 February 2019 and shall continue to run until the 27 May 2019. This public consultation process follows an 'Evaluation and Fitness Check Roadmap' that was carried out from November to December 2018. 1 The Block Exemption Regulation (the 'Regulation'), 2 which entered into force in 2010 and shall continue to run until 2022, deals with a ca...
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Apr
06

Cartel Leniency and Non-Cartel Cooperation Tool Taken Online

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On the 19 March 2019, the European Commission (the 'Commission') took its leniency proceedings online by launching "eLeniency".  [1] With this new tool, companies can submit any documents relevant to leniency proceedings, as well as non-cartel cooperation cases, online. Leniency in the case of cartel proceedings is defined as the "granting of immunity from penalties or the reduction of penalties for antitrust violations in exchange for cooperation with the antitrust enforcement authorities". [2] It is a process by which the Commission encourages a company whi...
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